Q. My husband has a lot of money and has no issue paying his lawyer. My lawyer filed a motion to get me money so he can keep representing me. He asked the judge to order that my lawyer get half of each payment my husband makes to his lawyer to keep us even. The other lawyer said they would give me $10,000 to pay legal fees but that had to be an advance against what I ultimately receive in a settlement. I don’t agree that is fair because my husband can just spend what he wants when he wants. So, my lawyer went to court to argue the motion.
We got the order today and the judge gave me $10,000 and said it is an advance. My husband has already paid his lawyers double that amount. The $10,000 I got isn’t enough. I already owe my lawyer $8,500 of that. I don’t know how I am supposed to do this without any money and I don’t understand why my husband gets to pay for a lawyer and I don’t. His mother gives him money and he sets it aside in his own name so he can keep running up my fees until I have to give in and settle for less.
Is there anything I can do?
A. If he is getting money from his mother to pay for his lawyer, it becomes challenging. The judge cannot order his mother to pay your lawyer. He may be stashing all of the gifts from his family in his individual name in hopes that he can convince a judge to allow him to keep that account for himself and not have to divide it with you. If you have a pre-nuptial agreement, he will likely be successful in that regard. Likewise, if you have a relatively short marriage and do not have any children, he will likely be successful in that regard. But if these scenarios do not apply to you, that account should be considered and divided.
Just because the court order does not specifically state that what your husband is taking out of the marital assets to pay his lawyer is an advance, doesn’t mean it will not be considered one. Make sure your lawyer raises the issue at the pre-trial conference or in any settlement negotiations – legal fees should be equalized unless paid directly by his mother. Also, your lawyer is not prohibited from asking for another advance at a later date.
Remember, your husband’s decision to spend more on lawyers could very well result in more cash in your pocket in the end.
Email questions to whickey@brickjones.com